THE NEED FOR BALANCING THE REPRODUCTIVE RIGHTS OF WOMEN AND THE UNBORN IN THE MEXICAN COURTROOM

Abstract

On 28 August 2008, the plenary session of the Supreme Court of Mexico endorsed a groundbreaking judgment on abortion law in Mexico.1 It upheld as constitutional the amendment of the local Criminal Code by the Mexico City Legislative Assembly in April 2007. The amending provisions permitted elective termination of pregnancy before the end of the twelfth week of gestation.2 It also added clauses 16 Bis 6 and 14 Bis 8 to the local health law act stipulating that the Mexico City Ministry of Health, through its health providers (i.e. public hospitals and clinics), should provide first-trimester abortion services at no cost to Mexico City residents and for a moderate fee to women from outside the city. Historically, abortion in Mexico City has been severely restricted; it was not allowed even in cases of rape. From 2000 onwards, however, gradual changes to the local Criminal Code were implemented when feminist and pro-choice groups initiated strong campaigns supporting the right of women to make decisions about their own bodies. In August 2000, abortion was exempted from penalty when the mother's life was at risk or when there was a severe congenital conditions affecting the foetus.3 A further key change was in January 2004, when the Criminal Code advanced the notion that women's consent was central to abortion issues by incorporating a clause providing that abortion was permissible when a woman is artificially inseminated without her consent. It also incorporated the right of conscientious objection for health providers.4 Campaigners highlighted the high number of ‘back-street’ abortions sought by poor, rural, adolescent, and indigenous women and stressed the significance of this as a social problem. The most recent Mexico City Criminal Code amendments were considered a major step in reducing maternal mortality by eliminating the need for women to seek clandestine abortions.